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The Florida Senate

2011 Florida Statutes

Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 460 CHIROPRACTIC MEDICINE Entire Chapter
SECTION 4167
Proprietorship by persons other than licensed chiropractic physicians.
F.S. 460.4167
460.4167 Proprietorship by persons other than licensed chiropractic physicians.—
(1) No person other than a sole proprietorship, group practice, partnership, or corporation that is wholly owned by one or more chiropractic physicians licensed under this chapter or by a chiropractic physician licensed under this chapter and the spouse, parent, child, or sibling of that chiropractic physician may employ a chiropractic physician licensed under this chapter or engage a chiropractic physician licensed under this chapter as an independent contractor to provide services authorized by this chapter to be offered by a chiropractic physician licensed under this chapter, except for:
(a) A sole proprietorship, group practice, partnership, or corporation that is wholly owned by a physician or physicians licensed under this chapter, chapter 458, chapter 459, or chapter 461.
(b) Entities that are owned, directly or indirectly, by an entity licensed or registered by the state under chapter 395.
(c) Clinical facilities affiliated with a college of chiropractic accredited by the Council on Chiropractic Education at which training is provided for chiropractic students.
(d) A public or private university or college.
(e) An entity that is exempt from federal taxation under s. 501(c)(3) or (4) of the Internal Revenue Code, any community college or university clinic, and any entity owned or operated by the Federal Government or by state government, including any agency, county, municipality, or other political subdivision thereof.
(f) An entity owned by a corporation the stock of which is publicly traded.
(g) A clinic licensed under part X of chapter 400 that provides health care services by physicians licensed under chapter 458, chapter 459, or chapter 460, the medical director of which is licensed under chapter 458 or chapter 459.
(h) A state-licensed insurer.
(2) No person other than a chiropractic physician licensed under this chapter shall direct, control, or interfere with a chiropractic physician’s clinical judgment regarding the medical necessity of chiropractic treatment. For purposes of this subsection, a chiropractic physician’s clinical judgment does not apply to chiropractic services contractually excluded, the application of alternative services that may be appropriate given the chiropractic physician’s prescribed course of treatment, or determinations comparing contractual provisions and scope of coverage with a chiropractic physician’s prescribed treatment on behalf of a covered person by an insurer, health maintenance organization, or prepaid limited health service organization.
(3) Any lease agreement, rental agreement, or other arrangement between a person other than a licensed chiropractic physician and a chiropractic physician whereby the person other than a licensed chiropractic physician provides the chiropractic physician with chiropractic equipment or chiropractic materials shall contain a provision whereby the chiropractic physician expressly maintains complete care, custody, and control of the equipment or practice.
(4) The purpose of this section is to prevent a person other than a licensed chiropractic physician from influencing or otherwise interfering with the exercise of a chiropractic physician’s independent professional judgment. In addition to the acts specified in subsection (1), a person other than a licensed chiropractic physician and any entity other than a sole proprietorship, group practice, partnership, or corporation that is wholly owned by one or more chiropractic physicians licensed under this chapter or by a chiropractic physician licensed under this chapter and the spouse, parent, child, or sibling of that physician, may not employ a chiropractic physician licensed under this chapter or enter into a contract or arrangement with a chiropractic physician pursuant to which such unlicensed person or such entity exercises control over the following:
(a) The selection of a course of treatment for a patient, the procedures or materials to be used as part of such course of treatment, and the manner in which such course of treatment is carried out by the licensee;
(b) The patient records of a chiropractor;
(c) Policies and decisions relating to pricing, credit, refunds, warranties, and advertising; or
(d) Decisions relating to office personnel and hours of practice.
(5) Any person who violates this section commits a felony of the third degree, punishable as provided in 1s. 775.081, s. 775.083, or 2s. 775.035.
(6) Any contract or arrangement entered into or undertaken in violation of this section shall be void as contrary to public policy. This section applies to contracts entered into or renewed on or after July 1, 2008.
History.—s. 4, ch. 2007-240.
1Note.—Section 775.081 provides for classifications of felonies; s. 775.082 provides penalties.
2Note.—Section 775.035 does not exist.